The Zoning Board of Adjustment may refer any applications requiring interpretations of this chapter and of the Zoning Map to the Planning Board for comment. A referral shall not extend the time for action by the Zoning Board of Adjustment.

The Zoning Board of Adjustment may make available to the Environmental Commission for its review and comment an informational copy of every development plan submitted to the Zoning Board of Adjustment. Failure of the Zoning Board of Adjustment to make such information copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Board of Adjustment shall condition any approval that it grants, upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.

The Board shall adopt such rules and regulations as may be necessary to effectuate the provisions and purposes of this chapter. The rules and regulations shall provide that the Board review, on the record, the reports and recommendations of each municipal officer or agency with respect to each development plan referred to them by the terms of this chapter.

The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on zoning provisions which were the subject of various requests and its recommendations for zoning amendment or revision, if any. Copies of this report and resolution shall be sent to the Borough Council and Planning Board.

No member or alternate member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion relating thereto.

a. Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of development applications to process or for lack of a quorum.

b. Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members; any such special meeting shall be held on notice to the Board members and the public in accordance with all applicable legal requirements.

c. No action shall be taken at any meeting without a quorum being present.

d. All actions shall be taken by majority vote of the members present except as otherwise required by any provision of the Municipal Land Use Law. The failure of any motion to receive the requisite number of votes for approval shall be deemed an action denying the motion.

e. All regular meetings and all special meetings shall be open to the public. All such meetings shall be conducted, and notice of all such meetings shall be given, in accordance with the requirements of the Open Public Meetings Law.

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall be made available for public inspection during normal business hours at the office of- the Board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. An interested party may be charged a fee for reproduction of the minutes for his use as provided for by ordinance.

a. Rules.

A.hearing shall be held on each application for development. The Board shall make the rules governing the conduct of the hearings, which rules shall not be consistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

b. Maps and Documents.

Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing during normal business hours in the office of the Secretary to the Board.

c. Oaths.

The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law" shall apply.

d. Testimony.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

e. Evidence.

Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

f. Records.

Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording on request to any interested party made within one year of the hearing date at the party's expense, unless otherwise provided by ordinance for the municipality to assume the expense, provided that the charge shall not be more than the maximum permitted in N.J.S.A. 2A:11-15. The transcript shall be certified in writing by the transcriber to be accurate.

a. Public notice of a hearing shall be given for the following applications for development plan approval:

1. Any request for a variance from the requirements of Article IV.

2. Any request for conditional use approval.

3. Any request for the issuance of a permit to build within the bed of a mapped street, public drainageway, flood control basin or public area reserved on the official map, or on a lot not abutting a street.

4. Any request for preliminary approval of a development plan, except for minor subdivisions or minor site plans.

5. Any request for final approval of a development plan for which public notice of the hearing on the final development plan has been made a condition of the preliminary approval.

6. Any request for an interpretation of the Zoning Map or ordinance.

7. Any request for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming.

b. The Secretary to the Board shall notify the applicant of the date of hearing at least two (2) weeks prior in order that proper notice can be given by the applicant.

c. Whenever public notice is required for a hearing on an application for development, the applicant shall give notice according to the requirements of N.J.S.A. 40:55D-1 et seq.

d. All notices shall be given at least ten (10) days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

e. Where a variance is requested, the notice shall specifically stipulate the requirement and/or regulation from which relief is sought and, in the case of a variance, the extent of relief requested.

(Ord. No. 20-1993: New)

The Tax Assessor shall, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee according to N.J.S.A. 40:55D 1 et seq., make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 30-603.5c. of this chapter. This list shall include any public utilities, cable television companies or local utilities which have registered with the Borough. (Ord. No. 20-1993)

a. Any member of a municipal agency who was absent for one (1) or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one (1) or more of the meetings, provided, however, that such member has available to him the transcript or recording of all of the hearing from which he was absent and certified in writing to the municipal agency that he has read such transcript or listened to such recording.

b. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

c. Any decision of the Board when acting upon any application for development and any decision of the Governing Body when acting upon an appeal, including an action of denial resulting from the failure of a motion to approve, shall be reduced to a written resolution memorializing the action. Said resolution shall be adopted within forty-five (45) days of the date on which the action is taken and shall set forth the decision as well as the findings of fact and conclusions based thereon.

d. Such resolution shall be adopted by a vote of a majority of the members of the Board who voted in favor of, or whose vote resulted in, the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action and not an action of the Board except that the failure of the Board to adopt such resolution within the forty-five (45) day period shall result in the approval of the application for development, any prior action thereon notwithstanding.

e. A copy of the decision shall be mailed by the Board within ten (10) days of the date of decision to the applicant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed for such service. A copy of the decision shall also be filed in the office of the Borough Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.

f. The date of adoption of a resolution memorializing an action shall constitute the date of decision for purposes of the mailings, filings and publications required under this subsection and subsection 30-603.8.

A.brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Board with a separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision.

Every application for development submitted to the Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application, or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.

a. If a development plan requires approval by a governmental agency other than the Board, the Board shall process the application in accordance with the terms of this chapter and shall condition its approval upon the subsequent approval of such other governmental agency. If a developer submits an application proposing a development which is barred or prevented, directly or indirectly, by legal action instituted by any State agency, political subdivision or other party or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction, the Board shall process the application in accordance with the terms of this chapter and shall condition its approval upon the removal of such legal barrier to development.

b. If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the development plan which alter the layout and/or design standards approved by the Board to an extent that the Secretary to the Board determines that the basis upon which the municipal approval was granted has been changed, the applicant shall be required to apply for and obtain revised approval from the Board and pay the fees for such approval as set forth in this chapter.

No appeal of any final decision shall be made to the Governing Body, except any interested party may appeal any final decision of the Zoning Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70(d). Such appeal shall be made within ten (10) days of the date of publication of such final decision. Such appeal shall be made in accordance with the provisions of subsection 30604.2, and all applicable provisions of N.J.S.A. 40:55D-1, et seq. (Ord. No. 20-1993)

a. The appellant shall, within five (5) days of service of the notice of the appeal, arrange for a transcript pursuant to subsection 30-603.4f. of this Article for use by the Governing Body and pay a deposit of fifty ($50.00) dollars or the estimated cost of such transcript, whichever is less, or within thirty-five (35) days of service of notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.

b. In addition to the transcript of the hearings on the application, the record on appeal to the Governing Body shall include the minutes of any meeting at which the application was discussed, the reports and recommendations of each municipal officer or agency to which the application was referred, and the written decision below. In addition, any reports or recommendations which were submitted to the municipal agency below shall also be submitted to the Governing Body.

c. Notice of the meeting to review the record below shall be given by the Governing Body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection 30-603.7e. of this Article and to the Board from which the appeal is taken at least ten (10) days prior to the date of the meeting.

d. The parties may submit oral and written argument on the record at such meeting, and the Governing Body shall provide for verbatim recording and transcripts of such meeting pursuant to subsection 30-603.4f. The appellant shall arrange for a transcript of the meeting to review the record below pursuant to subsection 30-603.4f. for use by the Governing Body.

The Governing Body shall conclude a review of the record below not later than ninety-five (95) days from the date of publication of notice of the decision below as provided in subsection 30-603.8 unless the appellant consents in writing to an extension of such period. Failure of the Governing Body to hold a hearing and conclude a review of the record and to render a decision within such specified time period shall constitute a decision affirming the action of the municipal agency below.

The Governing Body may reverse, remand or affirm with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to subsection 30-602.7. The review shall be made on the record made before the Board of Adjustment. The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse, remand or affirm with or without conditions any final action of the Board of Adjustment. Otherwise the final action of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the governing body shall constitute affirmance of the decision of the Board of Adjustment. (Ord. No. 20-1993)

An appeal to the Borough Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the Borough Council, after the notice of appeal shall have been filed with such Board, that by reasons of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.

The Borough Council shall mail a copy of the decision to the appellant or if represented then to his attorney, without separate charge, and for a charge pursuant to Borough ordinance, to any interested party who has requested it, not later than ten (10) days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Borough, or in a newspaper of general circulation in the Borough. Such publication shall be arranged by the Borough Clerk provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The Borough Council shall charge the applicant for the publication in accordance with subsection 30-702.10. of this chapter. The forty-five (45) days in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the Borough or the applicant.

Nothing in this chapter shall be construed to restrict, at any stage of the proceedings before the Borough Council or any Borough agency, the right of any party to obtain a review by any court of competent jurisdiction according to law.